Research On The Legal Protection Of Certification Mark

Certification mark system is one of the important systems of trademark,playing an important role in the social economy.Certification mark is a special trademark which is different from trademark itself remarkably.However,it has not been researched deeply and entirely by academia up to now,and the right nature,the right main,the right aspect and the special forms of violations of certification mark have not been analyzed clearly,either.Neither has the analysis of the rationality of certification mark according to philosophy.Lack of the legal-academic support,it would be notably disadvantageous to us when we intend to establish such a system to protect the certification mark of China.On the other hand,China is a large country with a number of geographical indications which can be very precious and also can bring money,it is a prevailing way that using certification mark to protect geographical indication in most countries around the world,so is that in China.It is China that ought to protect certification mark more than before so as to protect geographical indications.On this basis,this article tries to analyze the right of certification mark and the philosophy reason of why should we protect it,establish the system of certification mark and then provides the suggestions of how to protect it efficiently for China regarding to the actual situation of this country.This article includes five chapters as followed:Chapter one is about the concept of certification mark.Firstly this chapter indicates certification mark's concept via its upper concept trademark;secondly this chapter describes certification mark's characters and compares it with collective mark.Chapter two is about the right of certification mark.Firstly this chapter analyzes the nature of certification mark's right via the nature of trademark;secondly,the right main;thirdly,the right aspect;and at last,the special forms of violations.Chapter three is about the analysis of the rationality of certification mark according to philosophy.This chapter analyzes the theory of the rationality of IPR,then clarifies the nature of commonweal of certification mark,and at last indicates that the commonweal theory can be used to explain why we should protect certification mark as one of many theories.Chapter four is about comparative research.This chapter analyzes the difference of law of certification mark of different countries or regions in light of license-granting,quality-ensuring of trademark and geographical indications.Chapter five is about the certification mark protection of China.This chapter analyzes the meaning of protection for China and the disadvantage that existing in China nowadays and at last provides the advice of how to perfect the certification mark system in China.